What to Know About Pre-Existing Conditions & Wrongful Death
Losing a loved one because of another person’s negligence is a devastating experience. The emotional toll of such a loss is often compounded by financial strain and uncertainty. These types of wrongful death cases can have a profound impact on your life – from seeking justice to ensuring your family’s financial stability in the aftermath of a significant loss.
Because wrongful death cases can be worth so much, you may face legal challenges by the person responsible or their insurance company. One such challenge faced by families in California is how do the deceased pre-existing health conditions affect their case?
What Is Considered a Pre-Existing Condition in Wrongful Death Claims?
In the context of wrongful death claims, a pre-existing condition refers to any health issue or medical diagnosis that the deceased may have had before the accident that caused their death. This can cover chronic illnesses such as heart disease, diabetes, or cancer, as well as previous injuries or physical conditions like a history of surgeries or respiratory issues.
The key point in wrongful death cases comes down to whether the pre-existing condition contributed to the deceased’s vulnerability or worsened the effects of the negligent act that led to their passing – compared to someone who didn’t have their condition.
However, it’s important to note that just because a person had a pre-existing condition doesn’t necessarily mean that the negligent person is free of responsibility.
California law still allows families to seek compensation if they can show that the responsible person’s actions significantly contributed to or accelerated their loved one’s death – regardless of the deceased’s health conditions or health status before the incident.
How Can a Pre-Existing Condition Affect the Outcome of a Wrongful Death Lawsuit?
While pre-existing conditions can complicate a wrongful death lawsuit, this does not automatically weaken your case. Even with your loved one’s health issues, the key point in your case will come down to how much another person’s negligent actions contributed to the death.
In many of these cases, defense attorneys and insurance companies may try to argue that your loved one’s pre-existing condition was the primary cause of death. This is their attempt to limit their liability or reduce the amount of damages you get.
Under California law, wrongful death claims are still valid if the negligent act exacerbated or accelerated your loved one’s condition in a way that led to premature death.
For example, if your loved one had a heart condition and got involved in a fatal car accident, an insurance company or defense attorney may argue that someone without the heart condition wouldn’t have passed away in the same situation. Even in these cases, the negligent driver can still be held responsible for the fatal outcome, regardless of the pre-existing condition. This could be true even if your loved one technically died from the unexpected stress of the accident on their heart condition.
In some cases, California courts may take the deceased pre-existing health conditions into account when calculating damages. For example, your loved one’s pre-existing health status could affect their life expectancy and their financial contributions to the family. However, a skilled wrongful death lawyer will work to demonstrate how the negligence worsened the situation and ensure that pre-existing health conditions aren’t used unfairly against your claim.
Can You Still File a Wrongful Death Claim if the Deceased Had Serious Health Issues?
Yes – you can still file a wrongful death claim if your loved one had serious health issues. In California, pre-existing conditions do not bar you from pursuing a wrongful death lawsuit.
California state law recognizes that individuals must be taken “as they are” – meaning that if someone’s health was already compromised, the person responsible for harming them cannot use that fact as a defense to avoid liability. When someone chooses to act in negligent, reckless, or intentional ways, they must take full responsibility for the victims they create with their actions – they cannot choose a “perfect” victim. In legal terms, this is called the “eggshell plaintiff” rule.
For example, if someone with a chronic illness such as diabetes dies in a car accident caused by a negligent driver, their pre-existing condition doesn’t change the fact that the driver’s actions directly caused or hastened their death. The crash still caused them to pass away.
The key challenge in wrongful death cases is proving the direct connection between the defendant’s negligent actions and your loved one’s death. An experienced wrongful death lawyer can help you build a compelling case by gathering medical records, bringing up expert testimony, and presenting other evidence to show this direct connection.
Ultimately, the goal of a wrongful death lawsuit is to ensure that your family receives fair compensation for your loss, even in the face of complex medical histories.
How Insurance Companies May Use Pre-Existing Conditions Against You – And How to Fight Back
Insurance companies are known to try minimizing payouts in wrongful death claims by leveraging pre-existing conditions to their advantage. They may argue that your loved one’s health issues were the primary cause of death, not the defendant’s negligent actions.
By shifting the blame of the accident onto your loved one’s medical history, insurers aim to reduce the compensation they must pay you or even deny your claims altogether.
Some of the tactics used by insurance companies in these types of cases include:
- Blaming the pre-existing condition for the death – Insurers might claim that the deceased’s health was already fragile so the accident wasn’t the true cause of death.
- Downplaying the role of the defendant’s negligent actions – By focusing on your loved one’s health issues, an insurance company might try to argue that the defendant’s negligence only had a minor impact, or that death was inevitable regardless.
- Trying to reduce the damages you’re owed – Even if your claims of wrongful death are accepted, the insurer may attempt to lower the total compensation you receive by arguing that your loved one’s life expectancy or earning potential were already diminished because of their pre-existing condition.
You can fight back against these tactics by:
- Hiring an experienced wrongful death attorney – A skilled lawyer can build a strong case that shows how the defendant’s actions directly contributed to or accelerated your loved one’s death, regardless of their health status. Your attorney will push back against the insurance company with evidence, witness statements, and expert testimony.
- Gathering comprehensive medical evidence – To prove that the negligence caused or hastened your loved one’s death, your attorney will gather detailed medical records and testimony from medical experts. These professionals can help establish a direct link between the defendant’s negligent actions and the ultimate outcome, showing that the pre-existing condition was not the sole cause of death.
- Challenging low settlement offers – If the insurance company offers a low settlement based on your loved one’s health issues, your lawyer can negotiate for a more just amount by presenting strong evidence of how certain negligent actions affected the outcome. If necessary, your attorney can take your case to court in front of a judge or jury to ensure that you get the full compensation your deserve.
A knowledgeable lawyer will be prepared for these tactics – they can help you effectively fight back against insurance companies and protect your family’s right to fair compensation.
What Damages Can Be Recovered in a Wrongful Death Case Involving Pre-Existing Conditions?
In a wrongful death case, even if your loved one had pre-existing conditions, you as their family are still entitled to seek compensation for a range of losses and damages.
California law allows surviving family members to recover both economic and non-economic damages to help them cope with the financial and emotional impacts of their loss. The existence of a pre-existing condition may influence the amount you ultimately receive, but it does not eliminate your legal right to seek justice and compensation.
Ultimately, California courts calculate the extent to which the negligent act contributed to your loved one’s death. If they determine that the defendant’s actions directly caused or accelerated their death – or worsened their condition to such a degree – they can still be held fully responsible for the harm that they’ve caused.
By working with an experienced wrongful death attorney, you can ensure that your case fully accounts for both the emotional and economic losses caused by the wrongful death – regardless of your loved one’s prior health issues. Your lawyer will help calculate and present these damages so that your family receives fair compensation for your tragic loss.At Sepulveda Sanchez Accident Lawyers, we take many of these types of cases on a contingency fee basis so that you don’t have to worry about paying legal fees upfront. Contact us now to get started with your free case consultation.